Slavens v. Board of County Com'rs for Uinta County, 92-230
| Court | United States State Supreme Court of Wyoming |
| Citation | 854 P.2d 683 |
| Docket Number | No. 92-230,92-230 |
| Parties | Bert R. SLAVENS and Kim West, Appellants (Petitioners), v. The BOARD OF COUNTY COMMISSIONERS for UINTA COUNTY, Wyoming; Casey Davis, John R. Stevens, Patrick Mulhall, and Paul Barnard, in their individual and official capacities, Appellees (Respondents). |
| Decision Date | 09 June 1993 |
Page 683
v.
The BOARD OF COUNTY COMMISSIONERS for UINTA COUNTY, Wyoming; Casey Davis, John R. Stevens, Patrick Mulhall, and Paul Barnard, in their individual and official capacities, Appellees (Respondents).
Rehearing Denied July 20, 1993.
Page 684
Bruce S. Asay, Cheyenne, for appellants.
Elizabeth Zerga of Herschler, Freudenthal, Salzburg, Bonds & Rideout, Cheyenne, for appellees.
Before MACY, C.J., and THOMAS, CARDINE, GOLDEN and TAYLOR, JJ.
CARDINE, Justice.
Bert R. Slavens and Kim West filed suit against the Board of County Commissioners (Commissioners) for Uinta County claiming that they were wrongfully removed from their county jobs and sought recovery of damages for slander and defamation, intentional interference with prospective economic advantage, and other claims. The district court granted summary judgment for the Commissioners.
We affirm.
Appellants raise these issues:
1. Did the District Court err as a matter of law in granting the Appellees/Defendants' Motion for Summary Judgment?
2. Did the District Court err in refusing the Appellants' Motion to Amend Complaint?
Appellant Kim West was hired by the Uinta County Fair Board as the county fairgrounds superintendent in 1984. Under his job description with the Fair Board, he was to make available to travelers passing through the county, temporary board for their livestock. West was to keep monies he received for boarding or "off-loading" the livestock for travelers rather than the Fair Board paying him overtime. Because of disagreements between him and the Fair Board, in 1985 West was transferred from working for the Fair Board to working for the Public Works Department. While at the Public Works Department, West worked under appellant Bert Slavens who was Director of Public Works. During 1984 through 1990, West continued the livestock off-loading practice.
In 1990, the Uinta County Prosecuting Attorney received a report concerning West's livestock off-loading practice. The County Commissioners were made aware of the report, and a "sting" operation was organized. In the sting, fifty-two head of cattle were off-loaded onto the Uinta County Fairgrounds. Mr. West charged $52.00, which he kept. After the "sting," on December 31, 1990, the county attorney filed a criminal complaint against West charging him with misconduct of a public servant. The prosecutor also filed a criminal complaint against Bert Slavens, alleging that he committed official misconduct, conspiracy and wrongful appropriation of public property. The same day, West and Slavens received notice that they were being dismissed from their county jobs. The criminal charges were dismissed on January 3, 1991, on the prosecutor's motion.
The notices of dismissal indicated that the County Commissioners would hold a "Hearing Pending Dismissal." West and Slavens did not respond to the offer to hold
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a hearing. Instead, appellants filed suit in United States District Court alleging civil rights violations. The federal district court judge granted summary judgment for the Commissioners.An administrative hearing was held on July 24, 1991, to consider disciplinary action against both West and Slavens. The hearing was held before a hearing examiner, and both parties appeared and examined witnesses. As a result of the hearing examiner's decision, Slavens was not reappointed as Director of the Public Works Department, and West was suspended for ten days. West and Slavens appealed the administrative decision to the Third Judicial District Court. The district court affirmed the decision of the administrative hearing officer. West and Slavens chose not to appeal the administrative decision further.
However, West and Slavens then filed this suit in state district court. Their complaint included claims for slander and defamation, intentional interference with prospective economic advantage, violation of the duty of good faith and fair dealing, constitutional violations relating to reputation, outrageous misconduct or intentional infliction of emotional distress, and malicious prosecution. Slavens also asserted a claim for failure to pay wages. West and Slavens requested compensatory and punitive damages. The Commissioners answered and moved for summary judgment. The district court granted summary judgment to the Commissioners. The district judge found that since West and Slavens had a full opportunity to present their case before the impartial hearing examiner and that decision became final with affirmance after appeal to the district court and no further appeal, the doctrines of res judicata and collateral estoppel applied and required summary judgment in favor of the Commissioners.
When reviewing a grant of summary judgment, we utilize our oft-repeated standard of review. We examine whether a genuine issue of material fact exists and whether the prevailing party was entitled to judgment as a matter of law. Davidson v. Sherman, 848 P.2d 1341, 1343 (Wyo.1993); W.R.C.P. 56(c).
The district court found that the doctrines of res judicata and collateral estoppel both applied and that there were no genuine issues of material fact which barred summary judgment. Appellants argue that the issues involved in this case have not been totally litigated and that the doctrines of res judicata and collateral estoppel do not apply.
This court has held that both res judicata and collateral estoppel apply to final adjudicative determinations by administrative tribunals. Salt Creek Freightways v. Wyoming Fair Employment Practices Comm'n, 598 P.2d 435, 437 (Wyo.1979). In fact, this court has noted that it is almost universally recognized that...
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